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DeBOLT v. PARKER

234 N.J. Super. 471 (1988)

560 A.2d 1323

CHARLENE DEBOLT, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MARY ELLA CRAIN, DECEASED AND CHARLENE DEBOLT, INDIVIDUALLY, PLAINTIFFS, v. JUDSON S. PARKER AND L & L REDI MIX, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Francis J. Hartman for Robert I. Segal (Francis J. Hartman, Chartered, Attorney).

Howard N. Sobel for Ann Bernice Segal.

Robert Edwards, Guardian ad Litem for Ernest James Crain, Jr. and Larry Eugene Crain.

Mark S. Kancher for Charlene DeBolt, General Administratrix and Administratrix Ad Prosequendum of the Estate of Mary Ella Crain, deceased.

HAINES, A.J.S.C.

This opinion considers the propriety of counsel fee allowances in circumstances governed by our Rule of Professional Conduct ("RPC") 1.8(i). That rule permits spouses to represent "directly adverse" consenting interests after "consultation regarding the relationship." The opinion points to the risks involved in undertaking that representation, risks which may result in the disallowance of all fees. It suggests that threshold requirements of full disclosure...

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